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INCORPORATION OF SPA SRL IN  ITALY

Investing in Italy


Incorporation of S.p.A. and S.R.L. in Italy


The foreign investors who want to establish a S.p.A. or S.R.L. company in Italy shall have to contact a notary, which will: 

  • collect all necessary information and 
  • arrange a draft of the Memorandum and Articles of Association.

All the founding partners have to attend in front of the notary upon company establishment.

 

In case that the founding shareholder is a foreign company, this company shall be represented by a legal representative with power of attorney.

 

The features of the power of attorney are as follows:

  • it must be authenticated by a public notary in the country where the foreign investing company has been registered;
  • the task of the notary abroad is to certify that the POA has been issued by a proper mandator;
  • it is legalized by the Italian consulate in the country where the foreign investing company is registered;
  • the legalization of the POA gives legal force in Italy to a foreign document (the legalization is an official attestation that the notary abroad has the legal authority, it also certify the authenticity of signature of the notary. 

The legalization is not necessary in following cases:

  • if the foreign country is a subscribing member of the Hague Convention of 5 October 1961 (which abolished the legalization of foreign public documents, see also http://www.hcch.net/index_en.php?act=conventions.text&cid=41), in fact, in such cases it is necessary that the POA will be apostilled (the apostille is a simpler procedure of legalization);
  • if the foreign investor company has been already registered in France, Belgium, Ireland and Denmark (as per Brussels Convention of 25 May 1987 on the abolition of the legalization of deeds into the European Community);
  • if the foreign country has signed a bilateral convention with Italy for abolishment of the  legalization of public deeds translated into Italian.

When the foreign founding partners of an Italian company are individuals, they could send a POA if they don’t want to go personally in front of the notary in Italy for signature of the Memorandum and Articles of Association.  


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